Orange Bounty Act 1935 (Cth)

 

ORANGE BOUNTY.

 

No. 49 of 1935.

An Act to provide for the Payment of a Bounty on the Export of Oranges from the Commonwealth to the United Kingdom.

[Assented to 3rd December, 1935.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Orange Bounty Act 1935.

Commencement.

2. This Act shall be deemed to have commenced on the first day of January, One thousand nine hundred and thirty-five.

Definitions.

3. In this Act, unless the contrary intention appears—

“bounty” means bounty under this Act;

“export case” means a case the inside measurements of which (clear of divisions) are approximately as follows :—

length—twenty-four inches;

depth—eleven and one-half inches; and

width—eleven and one-half inches;

“the Secretary” means the Secretary of the Department of Commerce of the Commonwealth.

Bounty to be paid.

4. There shall be payable, out of moneys appropriated by the Parliament, the bounty specified in this Act.

 

Specification of bounty.

5. The bounty shall be payable in respect of—

(a) oranges, other than navel oranges, exported from the Commonwealth to the United Kingdom during the year One thousand nine hundred and thirty-five ; and

(b) navel oranges exported from the Commonwealth to the United Kingdom during the period commencing on the first day of January, One thousand nine hundred and thirty-five, and ending on the twenty-second day of July, One thousand nine hundred and thirty-five,

which, in the opinion of the Minister or of any person thereto authorized in writing by him, were of good and merchantable quality at the time of export, and were picked, handled, graded, packed and shipped in accordance with the conditions set forth in the Schedule to this Act.

Rate of bounty.

6. Bounty shall be payable at the rate of Two shillings per export case of oranges.

Payee of bounty.

7.—(1.) The bounty shall, subject to this section, be payable to the exporter of the oranges.

(2.) Where a person exports oranges through an agent, the bounty may be paid to that agent, who shall be liable to account therefor to the exporter.

Condition of payment.

8. A payment of bounty shall not be made under this Act unless the claimant for that bounty has lodged an application therefor with the Secretary on or before the thirty-first day of March, One thousand nine hundred and thirty-six.

Offences.

9. A person shall not—

(a) obtain or attempt to obtain payment of any bounty which is not payable ;

(b) obtain or attempt to obtain payment of any bounty by means of any false or misleading statement; or

(c) present to any officer or other person doing duty in relation to this Act or the regulations any document, or make to any such officer or person any statement, which is false in any particular.

Penalty: One hundred pounds or imprisonment for one year.

Power to call for information.

10.—(1.) The Minister, or any person thereto authorized in writing by him, may, by notice in writing, call upon any person to furnish to him within such time as is specified in the notice, such books and documents and such information as the Minister or that authorized person thinks necessary in relation to compliance with this Act or the regulations made thereunder or any suspected contravention thereof.

(2.) Any person who, without reasonable excuse (proof whereof shall lie upon him) fails, after receipt of a notice under the last preceding sub-section, to comply with the requirements of the notice shall be guilty of an offence.

Penalty: One hundred pounds or imprisonment for one year.

(3.) Where any person who has so failed to furnish the books, documents or information is a claimant for bounty, the Minister

 

may, if he thinks fit, withhold payment of any bounty payable to the claimant until he has furnished the required books, documents or information.

Return to be laid before Parliament.

11.A report upon the working of this Act, and a return setting forth—

(a) the amount of bounty paid under this Act; and

(b) such other particulars as are prescribed,

shall be prepared in the month of July, One thousand nine hundred and thirty-six, and shall be laid before each House of the Parliament within fifteen sitting days of that House after the thirty-first day of July, One thousand nine hundred and thirty-six.

Regulations.

12.The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and in particular for prescribing penalties not exceeding Fifty pounds or imprisonment for a period not exceeding three months for any offence against the regulations.

  

THE SCHEDULE. Section 5.

———

CONDITIONS OF PICKING, HANDLING, GRADING, PACKING AND SHIPPING OF ORANGES.

1. The oranges shall be clipped from the trees by means of a blunt-nosed clipper. No protruding stems shall be left on the fruit, and, where necessary, a second cutting shall be made in order to remove superfluous wood. The fruit shall be placed gently, not dropped, in the picking box.

2. Throughout the whole of the operations, from the picking of the fruit to the wrapping and packing, gloves shall be used.

3. Mis-shapen or excessively corrugated fruit shall not be shipped.

4. Wherever possible, the fruit shipped shall not exceed a temperature of fifty-three degrees Fahrenheit at the time of loading.

5. The oranges shall be describable as “special” or “standard” within the meaning of regulation 48a of the Commerce (General Exports) Regulations, and the provisions of those Regulations shall be complied with in respect of the oranges.

6. The oranges shall not be treated by the borax treatment.

7. The oranges shall be packed by persons licensed or approved in that behalf by the Department of Agriculture of a State.

8. The timber used in the cases in which the oranges are packed shall, unless otherwise approved by the Secretary, be of not less than the following dimensions:—

Two ends.......................................	″ thick, 11½″wide, 11½″deep.
One centre.....................................
Sides and bottoms (six pieces)...................................	″ thick, 5¼″wide, 26″long.
Unitised lid (four pieces)	″ thick, 2¼″wide, 26″long.
Cleats (two pieces).......................	¼″ thick, 1¼″wide, 11½″long.

9. The cases shall, unless otherwise approved by the Secretary, be wired or strapped at both ends and strapped in the centre.

10. Crates or other approved loading gear shall be used for the loading of the oranges at the ship’s side.

11. The following particulars shall be placed in prominent and legible characters on the end or ends of the eases —

(a) A true description of the oranges (e.g. “Washington Navel Oranges” or “Valencia Oranges”).

(b) The word “Australia”.

(c) The name or registered brand of the grower or exporter.

(d) The number of oranges contained in the case.

(e